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Connected or Disconnected? The EU and Inter national Law

Prof. Pieter Jan KUIJPER. Connected or Disconnected? The EU and Inter national Law. Lecture 6: The EU and Succession. Conclusions. The EU and the succession of the ECSC. Historical examples of succesion. Transition League of Nations – UN Succession of the OEEC – OECD

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Connected or Disconnected? The EU and Inter national Law

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  1. Prof. Pieter Jan KUIJPER Connected or Disconnected?The EU and Inter national Law Lecture 6: The EU and Succession. Conclusions

  2. The EU and the succession of the ECSC • Historical examples of succesion. • Transition League of Nations – UN • Succession of the OEEC – OECD • Imitated in the transition ECSC – EC 2002 • Transfer of funds • Transfer of rights and obligations from int. agreements • Done by two unilateral but matching legal acts • See Decisions of 19 July 2002. Lecture 6: Succession/Conclusion

  3. The succession ECSC-EC in the Courts • Application of the cartel and state aid rules • See Cases T-27/03 SP SpA v Commission, T-25/04 Gonzalez y Diez v Commission, T-24/07 ThyssenKrupp v Commission. • Emphasizing Community law principles over international law rules on treaty succession. • Unity of the Community legal order encompassing the ECSC and the EC treaties. Lecture 6: Succession/Conclusion

  4. The succession ECSC-EC in the Courts 2 • Application of the cartel and state aid rules. • Relation between ECSC and EC treaties is as lex specialis to lex generalis. The latter automatically fills the gap left by the disappearance of the former. • Differentiation between substantive and procedural rules. • The former follow the date of the facts; the latter follow the date of the decision. Lecture 6: Succession/Conclusion

  5. The succession of the EC by the EU • No elaborate unilateral, but matching acts, as in the ECSC – EC transition. • A simple notification from the new EU to the international organizations in which it is observer, member or full participant. • A similar letter has been handed to the governments of all third States, where Comm had a delegation. • A lot depends on the reactions to come. Lecture 6: Succession/Conclusion

  6. Conclusions • Connected or Disconnected? • Answer: connected and disconnected. • Disconnected from international law in the sense that the “own legal order” has become important and considered worthy of protection. By the Court in the first place. • Connected to international law in the sense that the EU legal system is still basically monist and rather generous with direct effect. Except in specific cases. Lecture 6: Succession/Conclusion

  7. Conclusions • Connected and disconnected. • Connected in that the EU gets slowly better access to international society: treaty accessions; admission as member or “full participant” to international organizations. • Disconnected in that the EU is still considered a strange animal, whose access is not yet self-evident or quasi-automatic. Lecture 6: Succession/Conclusion

  8. Conclusions • The “Federal Dimension” • The MS are omnipresent in EU external action. • They bring the need to externalize EU federal problems. • Through “false” mixed agreements • Through declarations of competence • Through disconnection clauses • Losing sovereignty is much more visible externally than internally. Lecture 6: Succession/Conclusion

  9. Conclusions • The separation of powers/trias politica. • EP’s growing powers constitutionally recognized. • The special place of the executive reaffirmed in the role of the HR and the Commission. • The special caution of the Union Courts not to be in the way of the executive and the legislature in external relation confirms that. Lecture 6: Succession/Conclusion

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